( People v. Kline (1982), 92 Ill.2d 490, 508, 442 N.E.2d 154; People v. Godinez (1982), 91 Ill.2d 47, 55-56, 434 N.E.2d 1121.) A disparity in sentences between codefendants will not be disturbed where it is warranted by differences in the nature and extent of the concerned defendants' participation in the offense ( People v. Godinez (1982), 91 Ill.2d 47, 55-56, 434 N.E.2d 1121), by differences in the criminal records of the participants ( People v. Kline (1982), 92 Ill.2d 490, 508, 442 N.E.2d 154; People v. Cook (1983), 112 Ill. App.3d 621, 623, 445 N.E.2d 824), by a defendant's greater relative maturity ( People v. DeWaele (1981), 98 Ill. App.3d 636, 637, 424 N.E.2d 876; People v. Dimmick (1980), 90 Ill. App.3d 136, 139, 412 N.E.2d 1150), or by a defendant's greater rehabilitative potential. See People v. Godinez (1982), 91 Ill.2d 47, 54, 434 N.E.2d 1121; People v. Jackson (1979), 79 Ill. App.3d 698, 708, 398 N.E.2d 959.

Fundamental fairness and respect for the law require that defendants similarly situated not receive grossly disparate sentences, but a disparity in sentencing may be supported by a more serious criminal record or greater participation in the offense than the individual with whom the defendant's conduct is compared. ( People v. Godinez (1982), 91 Ill.2d 47; People v. Cook (1983), 112 Ill. App.3d 621; People v. Patterson (1981), 100 Ill. App.3d 207.) An accused may not be punished for exercising his right to trial ( People v. Sivels (1975), 60 Ill.2d 102; People v. Peddicord (1980), 85 Ill. App.3d 414), but if a disparity in sentencing is attributable to a codefendant's plea of guilty to a lesser offense, the negotiated plea does not provide a valid basis of comparison. People v. Bennett (1980), 90 Ill. App.3d 64; People v. Wagner (1979), 76 Ill. App.3d 965.

( People v. Holloway (1983), 119 Ill. App.3d 1014, 1022, 457 N.E.2d 466.) At the same time, however, fundamental fairness and respect for the law require that defendants similarly situated should not receive grossly disparate sentences. ( People v. Cook (1983), 112 Ill. App.3d 621, 623, 445 N.E.2d 824.) "Similarly situated" refers to rehabilitation potential or the nature and extent of participation. ( People v. Earullo (1983), 113 Ill. App.3d 774, 792, 447 N.E.2d 925.) However, a disparity in sentencing may be supported by a more serious criminal record or greater participation in the offense than the individual with whom the defendant's conduct is compared.

We agree with the defendant's assertion that fundamental fairness and respect for the law require that similarly situated defendants do not receive grossly disparate sentences. ( People v. Cook (1983), 112 Ill. App.3d 621, 445 N.E.2d 824.) However, disparate sentences are permissible under numerous circumstances, e.g., where one defendant participates in the offense to a greater extent ( People v. Bennett (1980), 90 Ill. App.3d 64, 412 N.E.2d 1001), where one defendant has a more serious criminal record ( People v. Cook (1983), 112 Ill. App.3d 621, 445 N.E.2d 824), or where one sentence is pursuant to a plea agreement ( People v. White (1984), 122 Ill. App.3d 24, 460 N.E.2d 802).

( People v. Holloway (1983), 119 Ill. App.3d 1014, 1022, 457 N.E.2d 466.) At the same time, however, fundamental fairness and respect for the law require that defendants similarly situated should not receive grossly disparate sentences. ( People v. Cook (1983), 112 Ill. App.3d 621, 623, 445 N.E.2d 824.) "Similarly situated" refers to rehabilitation potential or the nature and extent of participation. ( People v. Earullo (1983), 113 Ill. App.3d 774, 792, 447 N.E.2d 925.) A disparity in sentencing may be supported, however, by a more serious criminal record or a greater participation in the offense than the individual with whom the defendant's conduct is compared. People v. Maxwell (1985), 130 Ill. App.3d 212, 219, 474 N.E.2d 46.

Even considering defendant's argument, it has no merit. Defendant cites People v. Cook (1983), 112 Ill. App.3d 621, 445 N.E.2d 824, and People v. Steg (1966), 69 Ill. App.2d 188, 215 N.E.2d 854, for the proposition that fundamental fairness and respect for the law require that defendants similarly situated not receive grossly disparate sentences. In those cases, however, the defendants challenging their sentences had not had any greater participation in the crime than their codefendants who received lighter sentences.

In People v. Hall (1973), 17 Ill. App.3d 1, 307 N.E.2d 664, one defendant was originally sentenced to 100 to 150 years for murder, whereas a codefendant received a sentence of 20 to 50 years. In People v. Cook (1983), 112 Ill. App.3d 621, 445 N.E.2d 824, the defendant was sentenced to seven years for escape from the county jail, while a codefendant was sentenced to three years for committing the same offense. A review of the reported Illinois cases wherein an appellate court has reduced a sentence based upon disparity of two codefendants' sentences reveals that a gross disparity must be shown in order to invoke the relief now sought by defendant on appeal. It is well settled that a mere disparity in sentencing between defendants, without more, does not warrant a reduction of the punishment imposed by the trial court.

Disparity in sentencing may, however, be proper where the defendant receiving the greater sentence has a more serious criminal record. ( People v. Cook (1983), 112 Ill. App.3d 621, 623.) And, where the defendant receiving the lighter sentence has received that sentence pursuant to a plea agreement, that sentence is no basis for comparison.

Fundamental fairness and respect for the law, however, require that defendants similarly situated should not receive grossly disparate sentences. ( People v. Cook (1983), 112 Ill. App.3d 621, 445 N.E.2d 824.) In determining whether a sentence is excessive in light of a lesser sentence imposed on a codefendant, consideration is to be given to the differences in criminal background and the degree of participation by each defendant in the commission of the offense.

Defendant is correct that fundamental fairness and respect for the law require that defendants similarly situated not receive grossly disparate sentences. ( People v. Cook (1983), 112 Ill. App.3d 621, 623, 445 N.E.2d 824, 826.) Thus, defendants similarly situated ought to receive similar treatment in sentencing.